DEVENDRA Vs. STATE OF U.P.
LAWS(ALL)-2008-3-244
HIGH COURT OF ALLAHABAD
Decided on March 27,2008

DEVENDRA Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

BARKAT ALI ZAIDI, J. - (1.) A prosecu­tion witness named in first information re­port in a double murder case S.T. No. 47 of 1999 under sections 147, 148, 149, 307 and 302 I.P.C. Police Station Sihani Gate, Dis­trict Ghaziabad, pending in the Court of IXth Addl. District & Sessions Judge, Ghaziabad has moved this application, seeking transfer of the case, from Court concerned.
(2.) I have heard Sri Nitin Gupta, ad­vocate for the applicant and Mohd. Israil Siddiqui, Addl. Government Advocate for the State. There are two grounds, on which transfer has been sought; (i) That there was an error in the name of a witness which was pointed out to the Trial Court when the statement was read over to him but the Trial Court did not correct the statement as desired by the witness, and on an application given in that regard by the appli­cant, an order was passed, that fi­nal order will be passed at the time of argument.
(3.) THIS was not the right procedure because section 278 Cr.P.C. provides, cor­rection after the statement has been read over to the witness. The order of the Judge postponing the matter at the time of argu­ment was not correct and justified. He shall pass order immediately thereon, before listening to argument.;


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